Draft Black Country Plan

Comment

Representation ID: 43860

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

6.1 Policy HW1 states that the regeneration and transformation of the Black Country will protect and improve the health and wellbeing of its residents and reduce health inequalities. It then sets out a number of criteria which will assist in this objective (where relevant), and it includes providing a range of housing types and tenures that meet the needs of all sectors of the population. It includes delivery of employment opportunities and social infrastructure including sport and recreation facilities. To do this new green and blue infrastructure will be provided and this could include allotments and gardens. Taylor Wimpey supports these objectives, although it should be made abundantly clear that not all of the criteria listed are relevant to every proposal.
6.2 In addition, it should be recognised that some of the NGAs provide the opportunity to make a significant difference in regard to provision of both green and blue infrastructure and this would be available not only to new residents within the development but also existing residents in areas where there may be little alternative existing provision. This represents a significant benefit of such development and could be identified in Policy HW1 or its supporting text. Similarly, it could also be referenced within the specific policies dealing with the NGAs.

Object

Representation ID: 43861

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

6.3 Policy HW2 deals with healthcare infrastructure. Amongst other things it identifies that all residential developments of 10 or more units must be assessed against the capacity of existing healthcare facilities. Where demand generated by residents of the new development would have unacceptable impacts upon the capacity of these facilities, developers would be required to contribute to the provision and improvement of such services.
6.4 It is the position of Taylor Wimpey that contributions towards both the provision of acute NHS services and services provided by the CCG are not, as yet, universally verified as being compliant with the tests set out in the NPPF for lawful planning obligations. As such the element of Policy HW2 relating to such contributions should be removed.
6.5 In addition, Criterion 5 refers to infrastructure contributions being sought on-site or its immediate vicinity. It would be wholly impractical for development of 11 dwellings to deliver infrastructure for healthcare on-site. In addition, it has been proved in a number of locations that where land is set aside to provide for new medical facilities, the delivery of these facilities has proved problematic, and the land becomes surplus. The delivery of specific medical facilities falls outside of the remit for most developers, particularly those engaged in house building. The policy should pay regard to these factors.
6.6 Whilst supporting paragraph 5.30 highlights that whilst many healthcare infrastructure projects will be delivered from mainstream NHS resources, contributions would also be secured through planning agreements in line with the relevant regulations in operation at the time. As stated above, there is some uncertainty as to whether contributions towards such facilities (NHS CCG services) are in accordance with the current CIL Regulations.
6.7 The policy and its supporting text refer to the 'sequential test'. It is unclear why the sequential test is being referred to in the context of the delivery of contributions towards healthcare whether it be on-site or off-site. In planning terms, a sequential test either relates to the location of development relative to areas of flood risk or town centres.
6.8 Paragraph 5.32 refers to the Viability and Delivery Study indicating that, depending on the extent of other planning obligations, contributions towards healthcare provision as required in the policy may not be viable. This contradicts the approach set out in the previous policy DEL1 which states that the Plan has been subject to a viability assessment to ensure policies are deliverable and the supporting text confirms (paragraph 4.21) that greenfield sites will be able to sustain the full range of planning obligations required. As set out above, depending on its site specific S106 requirements, it may well be the case that sites in Plan cannot deliver the full range of planning obligations.

Object

Representation ID: 43862

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

6.9 Policy HW3 requires development proposals to demonstrate that they would have an acceptable impact on health and wellbeing through either a Health Impact Assessment (HIA) or Health Impact Assessment Screening Report "where required in individual Local Planning Authorities’ local development documents, as specified in the relevant local development document".
6.10 This is not supported by Taylor Wimpey, as it does not provide clarity for applicants as to whether or not such an assessment is required. Furthermore, an assessment should only be required where there is genuine potential for a proposal to detrimentally impact upon health and wellbeing, rather than simply because such a document is listed in a validation checklist.

Object

Representation ID: 43863

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

7.1 The preamble to the chapter identifies that the provision of sufficient land to promote sustainable housing growth is the cornerstone of delivering cohesive, healthy and prosperous communities across the Black Country. It also indicates that the policies in the Plan ensure the provision of a balanced range of housing in terms of type, tenure, wheelchair accessibility and affordability. The supporting text does not, however, refer to the need to provide a range of housing sites in differing locations in order to meet the needs of the population as a whole. This factor is a key part of providing a balanced range of housing and should be referred to explicitly in the text.
7.2 Policy HOU1 relates to delivering sustainable housing growth. It sets out that sufficient land will be provided to deliver at least 47,837 (net) new homes over the period of 2020-2039. Taylor Wimpey supports the reference to both net new homes and also that the housing land supply will deliver 'at least' 47,837 new homes.
7.3 However, Policy HOU1 does not refer to the fact that the housing need for the Black Country collectively amounts to 76,076 homes across the Plan Period (4,004 per annum). The fact that the Plan only intends to provide 47,837 dwellings leaves a significant 28,239 dwelling shortfall that the Plan is proposing to apportion via the duty-to-cooperate. Reference should be made to the shortfall and the means by which this housing supply shortfall could be made up, particularly in the event that the full extent of the shortfall cannot be accommodated through agreement with neighbouring authorities.
7.4 Paragraph 6.4 sets out that a balanced range of sites had been provided within the Plan in terms of size, location, and market attractiveness, which will help to maximise housing delivery over the plan period. This recognition of the need for variety in location and market attractiveness is supported by Taylor Wimpey and should be referenced within Policy HOU1 as it is considered to be integral to the overall housing strategy.

Object

Representation ID: 43864

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

7.5 Policy HOU2 refers to housing density, type and accessibility. It sets out that density requirements will be dependent on accessibility standards. It also refers to developments providing a range of house types and sizes that will meet accommodation needs of existing and future residents "in line with the most recently available information". It would be helpful if the policy identified what sources of information would be utilised to identify the range of house types and sizes being required, such as an up-to-date Strategic Housing Market Assessment ('SHMA') or housing needs survey.
7.6 In terms of accessibility standards, it identifies a number of key services/ facilities which should be provided within certain distances from development. Whilst Taylor Wimpey does not necessarily object to these, the Plan should clarify the evidence upon which the travel times are based (notwithstanding that some clarification is provided at paragraph 6.17), and the mode of travel (walking is assumed).
7.7 The Black Country Housing Market Assessment 2021 is referred to in the supporting text regarding housing mix and extracts from it set out detailed percentages for each type of accommodation and tenure. In order to provide suitable flexibility in the market and in particular to reflect the location of specific sites, the supporting text and policy should both make clear that these figures are a guideline and will be informed by other evidence dependent on-site location and specifics applying at the time that planning applications are determined. Currently the text is overly prescriptive and inflexible.

Object

Representation ID: 43865

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

7.8 Policy HOU3 deals with affordable, wheelchair accessible and self-build/custom-build housing. It indicates that developments of 10 or more homes should provide for affordable housing and makes clear that the tenure and type of affordable homes will be determined on a site-by-site basis, based on national planning policy and best available information regarding housing needs, site surroundings and viability considerations. Taylor Wimpey supports this approach.
7.9 The Policy goes on to indicate that all developments of 10 or more homes should provide a proportion of wheelchair accessible housing equating to 20% of homes on all brownfield sites and on greenfield sites in lower value zones. In other locations greenfield sites should provide a minimum of 15% of homes to meet the optional Building Regulations Requirement M4(3): Wheelchair User Dwellings and all remaining homes to meet the optional Buildings Regulations Requirement M4(2): Accessible and Adaptable Dwellings. The supporting text sets out that the Black Country SHMA concludes that 17,866 accessible and adaptable homes, including 1,674 wheelchair user homes, will be required by 2039. The text also indicates the provision of new homes meeting the standards would reduce the need for adaptations to be retrofitted to existing stock and would make the housing stock more responsive to the evolving needs of the local population.
7.10 However, the identified demand for wheelchair user homes (1,674 dwellings) would be significantly exceeded due to the application of the policy. If 15% of homes on the housing allocations identified in the Plan were delivered in accordance with this part of the policy, it would equate to 2,196 dwellings (assuming the overall supply would consist of 14,641 dwellings allocated in the Plan). This demonstrates that the policy approach would deliver significantly in excess of the requirement based on just specifically allocated sites and to the exclusion of housing delivered via windfalls, core regeneration areas and strategic centres and development on occupied employment land. This demonstrates that the approach goes beyond what is necessary and places an additional cost burden on all new housing development, thus increasing the cost of new homes, which is not appropriate based on the clear viability difficulties associated with certain locations in the Black Country to deliver new homes. Similarly, the requirement for all dwellings to meet the M4(2) standard is unsupported by evidence of need for such accommodation at the scale indicated in the Policy.

Object

Representation ID: 43866

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

7.11 Policy HOU5 relates to education facilities and indicates that where land is provided for a new school as part of a housing development, the financial contribution made by that development towards education facilities will be reduced accordingly. Taylor Wimpey supports this approach but would suggest that it is also recognised that delivery of education facilities such as new schools is outside of the remit of developers and relies on the Local Education Authority or free schools.
7.12 Taylor Wimpey also supports the recognition that funding will only be sought that will not undermine the viability of a development.

Object

Representation ID: 43867

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

8.1 The Plan seeks to promote and support employment in manufacturing, research and development, warehousing and other uses that are appropriately located in industrial employment areas. It recognises that, as well as attracting high growth knowledge-based industries requiring more prestigious sites, there is also a need to accommodate a variety of business needs including start-ups and smaller businesses which will necessitate a mixed portfolio of sites to be made available. Taylor Wimpey supports this balanced approach to the delivery of employment land but considers that the plan should recognise the changing nature of much employment, including following the Covid-19 pandemic which has seen a shift towards home working and potentially consider the inclusion of local employment 'hubs' which would allow for working in close proximity to residents' homes whilst allowing for the more social aspects of office working.
Improving Access to the Labour Market
8.2 Policy EMP5 includes provision for developments to secure initiatives and/or contributions to a range of measures to benefit the local community, including the potential for working with local colleges and universities, either by condition or obligation. Whilst Taylor Wimpey has an extensive track record of investing in communities and is supportive of the benefits that this brings, Policy EMP5 should be clear that planning conditions and obligations can only be sought where they are necessary to make a development acceptable in planning terms.

Object

Representation ID: 43868

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

9.1 In general terms Taylor Wimpey has no comment to make on the policy approach towards town centres set out in the Plan. However, with regards to Policy CEN5, which relates to provision of small-scale local facilities, there is a need to cross reference this to the housing allocations where some local retail provision is anticipated. As currently drafted, Policy CEN5 is likely to weigh against the delivery of local retail facilities envisaged in the Neighbourhood Growth Areas and which are requirements within chapter 13, as they would be considered to be unacceptable sequentially. The policy should also reflect on the potential to deliver small scale office type facilities (as local working 'hubs') which would be both appropriate and add to the facilities provided in Neighbourhood Growth Areas in particular.

Object

Representation ID: 43869

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

10.1 The transport chapter identifies that the delivery of an improved and integrated transport network is fundamental to achieving transformation of the Black County, to deliver housing growth and improve economic performance. It recognises that the Covid-19 pandemic and a shift towards homeworking has had a significant impact on public transport patronage levels, which may take a number of years to recover. It nevertheless reiterates that high quality public transport remains at the heart of the Black Country transport strategy.
Priorities for the Development of the Transport Network
10.2 Paragraph 9.6 identifies that specific objectives should include reducing pollution and road congestion through improvements to public transport, promoting walking and cycling networks and reducing the need to travel. Taylor Wimpey recognises that pursuing these objectives will result in some potential improvements to both pollution and road congestion. However, whether significant improvements to public transport provision on their own will make any material difference to either reducing pollution or road congestion is debatable, particularly when the public transport improvements are likely to relate to the improved bus services provision, e.g. more bus services running along existing routes.
10.3 Taylor Wimpey generally supports the approach identified in Policy TRAN1 (Priorities for the Development of the Transport Network) which includes safeguarding land needed for the implementation of priority transport networks, providing adequate access to all modes of travel in association with new developments, key transport corridors being prioritised through the delivery of new infrastructure to support various transport improvements and the various identified specific transport improvements. However, it is unclear how paragraph 9.20, which predicts that bus services will have recovered at a faster rate than even rail or metro by 2026, has been evidenced. In addition, the emphasis on bus services should recognise that congestion is likely to be a significant factor both on patronage, attractiveness of the bus and journey times.